January 13, 2022 edition of the Bay Area Reporter by Bay Area Reporter

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Vol. 52 • No. 02 • January 13-19, 2022

SF supervisor wants street named for drag nun by Matthew S. Bajko

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Justice Laurie Earl was confirmed and sworn in January 6 to a seat on the state’s 3rd District Court of Appeal.

Lesbian Justice Earl confirmed to CA appellate court by Matthew S. Bajko

ith her confirmation to the state’s 3rd District Court of Appeal, Justice Laurie M. Earl is now the fifth LGBTQ person serving on one of California’s six appellate courts and the first on the 3rd District court bench. She was unanimously confirmed to the appellate bench and took her oath of office during a virtual hearing January 6. Noting the historic nature of both her becoming an appellate judge, just the 10th woman to serve on the 3rd District, and its taking place on the one-year anniversary of the siege of the U.S. Capitol by backers of former President Donald Trump, a teary-eyed Earl said she was proud to reclaim the date for a more honorable historic moment. As one of her two sons wrote in a text message to family and friends, “January 6, 2021 rioters broke through the glass doors to gain access to our nation’s capital. January 6, 2022 Laurie M. Earl broke through the glass ceiling to gain access to the California Court of Appeal,” recounted Earl. “I accept my role in history as being first and am honored to claim January 6 not as that day but as my day.” California Supreme Court Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta, and the 3rd District appellate court’s Senior Presiding Justice Vance W. Raye voted to confirm Earl during her confirmation hearing Thursday. The State Bar Commission on Judicial Nominees Evaluation last February had evaluated Earl and found her to be “exceptionally well qualified” to serve on the appellate bench. Earl had sought appointment to the appellate bench under former governor Jerry Brown but was not selected. She reapplied with Governor Gavin Newsom’s administration in December 2019. In November, Newsom nominated Earl, 60, a fellow Democrat, to fill the vacancy created by the retirement of appellate jurist M. Kathleen Butz. Since 2005 Earl has served on the Sacramento County Superior Court, where she has also served as presiding judge. Prior to her judicial appointment by then-governor Arnold Schwarzenegger (R), Earl served roughly a year as a senior assistant inspector general at the Sacramento County Office of Inspector General. Between 1995 and 2004 she was a deputy district attorney at the Sacramento County District Attorney’s office. See page 8 >>

“Before nonbinary became a thing,” noted Bunch, who as a 25-year-old gay man first came to San Francisco on vacation in January 1977 and decided to relocate to the Cityby-the-Bay permanently from the gay-owned farm he had been living on outside Iowa City. “You know that mythical idea of someone who went on vacation and stayed? Well that happened to me. I came here on vacation in 1977 and stayed; well, I went back for my clothes,” recalled Bunch, 69. “That’s when I grabbed the nuns’ habits just in case I got bored, and we got bored.” Bunch and several friends had gotten together at the Dolores Street residence the day prior to Easter in 1979 and ended up donning the religious garb and heading out into the city. It was the first public unveiling of the Sisters, which today has orders in 60 different cities and 14 countries. “We call it Holy Saturday,” said Bunch, who for nearly 36 years has lived nearby Alert Alley on Dolores Street. His friend and fellow drag nun Sister Roma, who just was elected the local order’s Mistress of Novices to assist new aspirants, first broached the idea of naming a street in honor See page 7 >>

n apartment at 272 Dolores Street was the birthplace on Easter weekend in 1979 of the Sisters of Perpetual Indulgence. Now a nearby alley could be renamed in honor of one of the founders. Gay District 8 Supervisor Rafael Mandelman, who represents the Mission Dolores neighborhood, is proposing a ceremonial name change for Alert Alley, which runs between Dolores and Landers streets, so it is also known as “Sister Vish-Knew Way.” It is derived from one of the names that founding Sister Kenneth Bunch has gone by over the years. Ordained the group’s Grand Mother Vicious Power Hungry Bitch, Bunch shortened it to Sister Vish-Knew so his name wasn’t so long or sounded as harsh. The second half came about from repeatedly being asked if he knew the Sisters would have such longevity when he helped found them so many decades ago. “I wanted to soften my image up,” Bunch explained in a phone interview with the Bay Area Reporter. “People always ask me, ‘Did you think the sisterhood would last this long and spread this far?’ So I changed my name to Vish-Knew.”

John Williams

Sister Vish-Knew, aka Sister Vicious Power Hungry Bitch, stands in full habit.

It is also an homage to the Hindu god Vishnu. Early on Bunch was called Sister Ady in reference to Ardhanarishvara, which is a form of the Hindu deity Shiva combined with his consort Parvati. They are usually depicted as half-male and half-female.

Supervisors OK Castro bar zoning liberalization

by John Ferrannini

he San Francisco Board of Supervisors passed legislation January 11 that will allow additional bars in the Castro neighborhood. The legislation will change bars’ zoning status from not being permitted at all to being permitted conditionally in the Castro Street neighborhood commercial district, or NCD. Thus, any new such business would need to seek a conditional use permit from the city’s planning commission in order to open its doors, prompting a review process where the public could weigh in on the matter. The supervisors approved the legislation – introduced by gay District 8 Supervisor Rafael Mandelman on October 19 – by unanimous voice vote. It faces a procedural vote at the next regular supervisors’ meeting January 25 and, if approved again, the zoning changes will go into effect March 6, according to Jacob Bintliff, a gay aide to Mandelman. Mandelman stated he hopes that the legislation will lead to a business revival. “I’m glad my colleagues passed this legislation and hope it opens the door to new operators and concepts in the Castro,” Mandelman stated. “The neighborhood has too many vacancies, and we should be making it easier to fill them.” Masood Samereie, a straight ally who is presi-

Matthew S. Bajko

Under a zoning change for bars that the Board of Supervisors approved January 11, more than just wine shops would be allowed to open in the Castro.

dent of the Castro Merchants Association, stated he hopes the legislation will help the Castro emerge from the COVID-19 pandemic. “We are pleased and grateful for Supervisor Mandelman and his staff for their support in this effort proposed by Castro Merchants to provide opportunity for entrepreneurs and alike to start a new business in the Castro especially now in our attempt to recover from the pandemic,” he stated. As the Bay Area Reporter previously reported,

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Mandelman introduced the legislation after a prospective wine bar owner, Suzie Jennings, was told she could not open up in the NCD. Jennings, a lesbian, had wanted the wine bar in the old Unionmade location at 493 Sanchez Street at the corner of 18th Street. However, new bar locations have been barred in the NCD since its inception in 1987, and so Jennings was turned down. See page 8 >>

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<< Open Forum

4 • Bay Area Reporter • January 13-19, 2022

Volume 52, Number 02 January 13-19, 2022 www.ebar.com

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David Campos for Assembly

n the special primary election for think that the primary focus needs to the 17th District Assembly race in be on combating drug overdoses and San Francisco, we recommend Daproviding mental health services. Just vid Campos, a gay Latino man who sending in more police won’t improve has served on the Board of Supervithe situation, he cautioned. He was sors and is currently vice chair of the also disappointed that her declaraCalifornia Democratic Party. Campos tion did not include a safe injection would bring back queer representasite, though the board did recently tion to the district that roughly covers approve the purchase of a building in Rick Gerharter the eastern side of the city but, more the Tenderloin that could potentially importantly, all of his constituents Assembly be used for that purpose. Campos would get an assemblymember who candidate David does support the linkage center that will fight for them. is a key part of Breed’s declaration. Campos Campos and his main opponent, He would “flood the Tenderloin with District 6 Supervisor Matt Haney, clinicians” to provide services, he said, agree on most of the issues. But during a recent and that state level agencies should be aiding citvirtual editorial board meeting, Campos made a ies, both in terms of personnel and funding. It’s strong case for his candidacy, and why representhe drug dealing that should be prosecuted, and tation matters. We asked how Campos, if elected, by that Campos was referring to the larger scale would work with his gay colleague state Senadrug dealers, which he said the district attorney’s tor Scott Wiener (D-San Francisco). The two office is doing. (Campos is on leave as the chief of have not endorsed each other in past races, and staff for DA Chesa Boudin.) Wiener is sitting out the special election as the Campos has long championed Navigation online Political Notes column reported Monday. Centers, including the one on the Embarcadero. Nevertheless, Campos said the working relationIn fact, the city’s first one was in his district when ship between the two is much better these days. he was on the Board of Supervisors. He passed “I think it’s something that he hasn’t endorsed a law calling for equity in Navigation Center loagainst me in this race,” Campos told us. “On cations throughout the city, including one with LGBTQ issues, I’m the candidate best positioned a safe injection site back in 2016. But he had to to work with him.” drop the safe consumption site component beDuring our meeting, Campos was compelling cause then-mayor Ed Lee was not in favor of it. when talking about the importance of queer repAn attorney, Campos thinks the mayor could resentation. After leaving the Board of Superviuse the power of the emergency declaration to sors due to term limits, Campos worked for sevopen a safe consumption site now with a legal eral years as a deputy county administrator for justification that could withstand a legal chalSan Clara County. That experience gave him a lenge by the federal government. (Federal laws first-hand look at the county’s Office of LGBTQ are preventing such a site from opening sooner, Affairs; in fact it was one of the departments he though Wiener’s state legislation that would oversaw. He envisions a similar state office speestablish pilot programs for safe consumption cifically designed to look at the needs of LGBTQ sites in San Francisco, Oakland, and Los Angeles residents throughout California and make sure passed out of the state Assembly Health Comtheir needs are addressed, particularly issues mittee Tuesday. Campos supports that legislalike access to health care for transgender people. tion.) On homeless shelters, Campos convened a As supervisor, Campos pushed to make certain hearing years ago and heard from LGBTQ people health services free for trans people, and the city that many preferred to stay on the streets because hired a physician at Zuckerberg San Francisco the city’s shelters were homophobic and transGeneral Hospital for that position. He enacted phobic. That led to the creation of Jazzie’s Place, city legislation for a program that made PrEP the first shelter specifically for LGBTQ adults. accessible regardless of anyone’s ability to pay – While temporarily closed due to the COVID-19 the first in the state that took protective action pandemic, the shelter’s operators have previously by making PrEP available to stop the transmistold us they hope to reopen this year. sion of HIV/AIDS. One of the things he found On housing, Campos supports Senate Bills while working in Santa Clara County was that 9 and 10. The latter is Wiener’s legislation that trans people had to travel to San Francisco or allows local governments to upzone parcels for elsewhere for their health care. That led him to residential housing if they are near transit or an help open a gender clinic in the South Bay. There urban infill site. If elected, he said that he would should be similar gender clinics throughout the continue to be a champion of affordable housstate, he said. ing and transit. He wrote in his questionnaire to Homelessness is one of the toughest issues facus that one thing lacking is more state resources ing the state, as well as San Francisco. On Mayor to fund affordable housing and he will propose London Breed’s recent emergency declaration a statewide bond measure for that purpose. “We in the Tenderloin, Campos said he agreed with need more affordable housing in California, not her that something had to be done. But he does just luxury housing,” he wrote in his question-

naire. “And we need housing that will not contribute to environmental degradation, traffic gridlock, and most importantly, displacement. We need bolder proposals to create affordable housing, requirements that housing is near transit or supported by transit improvements, and most of all, protections against mass displacement of low-income families.” He supports Supervisor Rafael Mandelman’s fourplex legislation. He said he was opposed to the Stevenson parking lot redevelopment backed by Haney, but which the supervisors recently rejected, because it did not include enough on-site affordable housing. He also said that environmental issues weren’t adequately addressed. The state is now investigating the board’s action. “I do believe we need to build more housing,” Campos said, and thinks the Stevenson project will get built. Campos said that he’s always looked out and fought for our community. His lived experience was one that is familiar for many immigrants in this country; he was undocumented when he and his family came to the U.S. from Guatemala as a child. Campos has a solid track record of not only championing queer issues like naming the Harvey Milk Terminal 1 at San Francisco International Airport, combating HIV/AIDS, supporting neighborhoods by establishing cultural districts, but also fighting for Medicare for All, which he said would be his top priority in the Legislature and would greatly benefit transgender people. Just this week, the Assembly Health Committee passed AB 1400 to create a singlepayer health system known as CalCare, while Governor Gavin Newsom unveiled his proposed $286.4 billion state budget that calls for providing health coverage for all people, regardless of their immigration status. Campos supports police reform, and stated he would push for legislation to repeal qualified immunity. We did not recommend Campos the first time he ran for Assembly in 2014. His opponent, David Chiu won, and served until last November when he became San Francisco’s first Asian American city attorney. Since that race, we think Campos’ experience has deepened and that he will be an effective lawmaker. He has regional experience having served on the Metropolitan Transportation Commission and has been endorsed by six members of the Board of Supervisors. We’re endorsing Campos not just because he is gay, although that aspect of him is important, but because he has the experience, qualifications and commitment to progressive solutions for addressing the issues we face. Campos told us that he would be “relentless” in fighting for the LGBTQ community. That’s what we need. When vote by mail ballots start arriving in a few days, we recommend voters select Campos for the 17th District Assembly race. t

SF school board: Recall all 3 T

he San Francisco school board has largely made a mockery of itself for a year now. With the COVID-19 pandemic about to enter its third year, trustees spent valuable time on matters that should have been postponed. Its stubbornness in proceeding with an ill-timed vote to rename 44 public schools – only to rescind that vote later – is just one of the many head-scratching moves the commissioners have made. In that debacle, proper research wasn’t even done on the names of historical figures being considered for removal from the schools. Board President Gabriela López, Commissioners Faauuga Moliga, and Alison Collins face a recall vote February 15. We recommend that all three be removed. Collins, in particular, has displayed zero integrity, starting with her refusal to apologize for racist tweets she wrote before being elected. The board last year did strip Collins of the vice presidency and committees; she retaliated by suing her own district and board colleagues for $87 million. That lawsuit was dismissed and then Collins withdrew it, but not before the district incurred some $110,000 in legal costs. This at a time when the district is facing a budget deficit of about $125 million. (A favorable court ruling may provide millions from the Proposition G fight over educator pay, but it’s unclear when that will be sorted out. Another ballot measure, Prop J, was passed by voters and replaced Prop G.) All three commissioners were uninterested in appointing a gay dad, Seth Brenzel, to the district’s volunteer Parent Advisory Council, even

Lopez, VotersEdge.org; Moliga, courtesy Moliga; Collins, courtesy Twitter

San Francisco school board President Gabriela López, Commissioners Faauuga Moliga, and Alison Collins

though he was qualified and the council had no LGBTQ or male members at the time. While the board tabled the matter rather than vote on it, it was clear that there was little interest in a gay white man serving on the PAC even though it had several vacancies and lacked diversity as it relates to gender and the queer community. Some leaders have urged people to vote to recall López and Collins, while taking no position on Moliga. And to his credit, Moliga has at least been fighting for his seat through online writings, op-eds, and social media. But at this point, with months of negative headlines, especially over the board’s slow pace of reopening schools, we doubt many voters will make that distinction. Should the commissioners be recalled, Mayor London Breed would be able to appoint their replacements, and they would have to run in

November to remain on the board. It’s time to have San Francisco Board of Education commissioners who can commit to diversity – in all its forms – and to prioritize the district’s students and staff and balance its budget over issues like school renaming.

Torres for assessor-recorder

San Francisco Assessor-Recorder Joaquín Torres was appointed by Mayor London Breed last February after she named then-assessor-recorder Carmen Chu as city administrator. Torres is on the ballot because this is the next election following his appointment. Prior to his appointment, Torres served as the director of the San Francisco Office of Economic and Workforce Development since 2018, and has led citywide efforts to mitigate economic hardships on businesses and workers during the COVID-19 pandemic. The office under Torres over the past 11 months has appeared to operate well – it also oversees registration of marriage licenses and assesses property taxes. Torres is a straight ally whose dad, former state legislator and California Democratic Party Chair Art Torres, came out as gay several years ago. We recommend Torres, who is running unopposed, to serve until the start of the next term in January 2023. This contest will appear again on the November 2022 ballot. t

Politics >>

January 13-19, 2022 • Bay Area Reporter • 5

2 out candidates enter East Bay Assembly race by Matthew S. Bajko

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wo more out candidates are officially entering the 2022 race for the East Bay’s open 20th Assembly District seat. The redrawn district now stretches from Hayward east to parts of West Dublin and Pleasanton and south to Union City in Alameda County. Gay Dublin City Councilmember Shawn Kumagai, 44, officially launched his bid Monday, January 10, as the so-far only Asian and Pacific Islander candidate in the race. He is also the only elected official in the district, to date, to mount a campaign. Queer former Santa Clara Valley Open Space Authority trustee Shanta “Shay” Franco-Clausen plans to officially launch her campaign for the seat January 28, two days after her 47th birthday. She and her wife, Yolanda Clausen, bought a home in Hayward in June, and as of December, FrancoClausen has been living there full-time. Assemblymember Bill Quirk (DHayward) has opted not to seek reelection and will instead retire when his term ends in December. Even prior to his making that decision, gay nurse and union leader Jennifer Esteen had entered the race for his seat, seeking to be the state’s first Black LGBTQ legislator. Like Esteen, should Franco-Clausen be elected to the Assembly seat then she would be the state’s first Black LGBTQ legislator, as she is African American/Afro-Caribbean. Either woman would be the only current female LGBTQ legislator from the Bay Area if they win the race. Any of the three LGBTQ candidates would be the first elected from a fully East Bay legislative district. Bisexual Assemblymember Alex Lee (D-San Jose) represents parts of southern Alameda County and northern Santa Clara County. Fellow labor leader Liz OrtegaToro, who is straight, is also seeking to succeed Quirk. She picked up an endorsement this month from former assemblymember Lorena Gonzalez Fletcher of San Diego, who resigned last week in order to lead the California Labor Federation come the summer. At a “pre-announcement announcement” virtual event January 9 Kumagai noted that the new 20th Assembly District is an API plurality district. And with a number of API legislators having departed in recent months or set to retire later this year, he argued it was important to replenish their ranks in the state Legislature at a time when the API community has faced increased hate crimes and violent attacks. “There is dwindling numbers of API legislators in Sacramento right now,” noted Kumagai, whose father emigrated from Japan to the U.S. as a teenager. “There is a lot of concern that our representation is going down. In plurality API districts, it is important we put forward viable API candidates.” Kumagai, a United States Navy veteran, is using Navy blue and gold colors for his campaign logo. He is the first LGBTQ person to serve on the Dublin City Council, and his election in 2018 marked the first time an out LGBTQ person was elected to a city council seat in the Tri-Valley area of the East Bay. Formerly a master chief petty officer in the Navy Reserve, Kumagai adopted his stepbrother, Kevin, after their mother died in 2015. He is now the fourth generation of their family to serve in the military, having recently joined the Army. Kumagai spent his early childhood living in the Bay Area until his parents divorced when he was 10 years old. He

Did You Overspend During the Holidays?

415.356.2260 kirk@yankeeclippertravel.com Kumagai, courtesy the candidate, Franco-Clausen, courtesy ABC7

Councilmember Shawn Kumagai, left, and Shanta “Shay” Franco-Clausen are running for an East Bay Assembly seat.

moved with his mother to Phoenix, who was part of a military family. She served in the Army nurse corps, her brother served in the Air Force, and their father enlisted toward the end of World War II. After college Kumagai enlisted with the Navy and was stationed in California, then Japan. He moved to Dublin in 2018 and had worked as an instructional design consultant but now is district director for Assemblymember Rebecca Bauer-Kahan (D-Orinda). An attendee of Kumagai’s wedding to Alex Rafael, Bauer-Kahan is a leading endorser of his Assembly bid. “I can not think of a better person to serve in the Legislature than Shawn,” said Bauer-Kahan, who first met Kumagai five years ago, during his Sunday online event. “He is unwavering in his calm and ability to move ahead no matter what is coming at us.”

Family roots in Oakland

From a family with roots in Oakland, though her mother gave birth to her while on a trip in Chicago, FrancoClausen grew up mostly in San Jose. Most of her nine brothers and two sisters still live in the Bay Area, while her mom is in the process of moving back to Oakland from San Jose. As West Coast region program director for IGNITE, which helps women run for public office, Franco-Clausen works on various political campaigns and advocates for legislation in Sacramento. In 2017, Franco-Clausen worked as a field representative for Assemblymember Ash Kalra of San Jose, having managed his campaign. Currently in the 27th Assembly District, Kalra is seeking re-election this year in the newly drawn 25th district. She first ran for political office in 2018, falling short in her bid to be elected the first lesbian on the San Jose City Council. She was appointed to the South Bay’s open space authority board in December 2018 and stepped down from it last month. At the same time Franco-Clausen resigned from her seat on the Santa Clara County Democratic Central Committee, which she was elected to in March 2020. She had been serving on it as a non-voting member and was censured by it in 2019 after learning about a fellow party activist’s medical information from her wife, now a Palo Alto police detective, and then tweeting about it to several people. Having solid roots in the South Bay, Franco-Clausen had been seen as a likely candidate for higher office in Santa Clara County. But priced out of the region and wanting to be closer to family, she and her wife over a year ago began looking at homes for sale in Alameda County, she explained in a recent phone interview with the Bay Area Reporter. “This queer is here,” FrancoClausen joked of being an East Bay resident, having fully moved into her Hayward home December 16 after splitting her time for the second of half of 2021 at the couple’s San Jose

residence. “Most of my family lives here in the East Bay.” She has five children ranging in age from 16 to 30, with the oldest a lesbian. By relocating, Franco-Clausen noted, the family is nearer to relatives who can help out with their youngest son. “We were trying to buy a house in the East Bay to be closer to family,” explained Franco-Clausen when asked if she had moved with the intention to run for Quirk’s legislative seat. Most of her political work has been on issues relevant not only to South Bay residents but also to Quirk’s constituents she now wants to represent in Sacramento, said Franco-Clausen. Her experience runs the gamut from helping to elect progressive leaders and lobbying for state bills, she noted, to helping pass criminal justice reform ballot measures. Working toward a master’s in public policy at Mills College in Oakland, Franco-Clausen told the B.A.R., “I have spent the last six years preparing myself to be an actual legislator.”

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San Diego, East Bay special Assembly races set

Voters in San Diego will cast ballots April 5 to select a successor for Gonzalez Fletcher’s 80th Assembly District seat and could elect the first queer person to serve in the state Legislature, as former San Diego city councilmember Georgette Gómez is seeking the vacant seat. Governor Gavin Newsom last week set that date to hold the special elections for not only that vacancy but also to fill former Republican congressman Devin Nunes’ 22nd congressional district seat in the Central Valley and former Democratic assemblymember Jim Frazier’s 11th Assembly District seat that straddles Solano and Contra Costa counties. Nunes quit to work for former PresiWhen you plan your life celebration and lasting remembrance in dent Donald Trump, while Frazier advance, you can design every detail of your own unique memorial resigned to seek work in the private and provide your loved ones with true peace of mind. Planning ahead transportation sector. When your celebration lasting protectsyou your plan loved ones fromlife unnecessary stress and and financial burden, With all three of the special elections, When you remembrance plan your celebration and lasting remembrance in allowing themlife to focus on what will matter most at that time—you. in advance, you can design every if no candidate receives more than 50% advance, you canofdesign every detail of your ownand unique memorial detail own memorial provide Contact usyour today about theunique beautiful ways to create a lasting legacy of the vote in April to serve out the reat the San Francisco Columbarium. and provide your loved ones with true peace of mind. Planning mainder of the terms then the top two your loved ones with true peace of mind. Planning ahead vote-getters advance to runoff racesprotects on your loved onesProudly from unnecessary stressunnecessary and financial burden, ahead protects yourserving loved onesCommunity. from the LGBT the June 7 primary ballot. They would allowing them focus on whatburden, will matter most them at thattotime—you. stresstoand financial allowing coincide with the primary races among the candidates seeking full two-year focus on what will matter most at that time—you. terms in the three seats on the NovemContact us today about the beautiful ways to create a lasting legacy ber general election ballot. FranciscousColumbarium. In 2018, Gómez became the at firstthe San Contact today about the beautiful ways to create LGBTQ Latinx city council president a lasting legacy at the San Francisco Columbarium. in San Diego. Two years later she lost One Loraine Ct. | San Francisco | 415-771-0717 Proudly serving our Community. her bid for an open congressional SanFranciscoColumbarium.com district seat and last week officially Proudly serving the LGBT Community. FD 1306 / COA 660 launched her Assembly campaign shortly after Gonzalez Fletcher announced her resignation. In the East Bay race Suisun City Mayor Lori Wilson, the mother of a transgender son, is seeking the Assembly seat with the backing of Frazier and Congressmember John Garamendi (D-Walnut Grove). First elected to a city council seat in 2012, One Loraine Ct. | San Francisco | 415-771-0717 Wilson was elected in 2018 as the first Black female mayor of Suisun City SanFranciscoColumbarium.com and the first Black woman to win a mayoralty in Solano County. t FD 1306 / COA 660

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<< Business News

6 • Bay Area Reporter • January 13-19, 2022

Queer nursery co-owner plants new roots by Matthew S. Bajko

n the coastal community of Pescadero a roughly seven-acre parcel recently was acquired by Delano Nursery where it plans to expand its business and grow more of the plants it sells rather than importing them from overseas. It is just one of the ways the queer co-owned wholesale nursery is planting new roots as it marks its 100th anniversary this month. The San Mateo County property comes with six units of farm labor housing and a 140,000 square foot greenhouse. It dwarfs Delano’s 12,000 square foot greenhouse it has been operating out of for several decades in Daly City. “We just got the keys on Thursday last week,” co-owner Lauren Borden told the Bay Area Reporter during an interview January 7 at the nursery’s Peninsula location. “We plan to start off with a service for other plant shop owners to rent space from us where they can have their plants there, and we will take care of them for them and provide repotting services. They can either keep their more delicate, more expensive plants there or have some extra space for their plants if they don’t have space in their shop.” Borden, 29, envisions adding additional greenhouse space and maybe more dwelling units at the new property since agricultural sector workers find themselves priced out of the Bay Area’s sky-high housing and rental markets. It also provides security for her business should the day come when the Daly City parcel it rents is put on the market if its zoning is changed to allow for housing. “This is a really old greenhouse

Matthew S. Bajko

Lauren Borden, who co-owns Delano Nursery in Daly City, will soon open a larger greenhouse in Pescadero.

and the value is in the land. It is not zoned for housing, it is zoned for agriculture, but that could change someday,” noted Borden, who lives in Oakland. The Long Beach native initially moved to San Francisco in pursuit of a career in the fashion industry. But she dropped out of fashion school in 2011, realizing it wasn’t a good fit, and gravitated toward the floristry and floral design sectors, earning an associate degree in retail floristry at City College of San Francisco. Seven years ago she started working late-night shifts at the San Francisco Flower Market for John Nicolini. His grandfather started the family’s floral business on Delano Avenue in San Francisco, co-opting the street name for that of the nursery. His relative also helped to found the city’s flower mart in 1924, where Delano’s continues to operate a wholesale stand. Borden had been

working for another florist across from Delano when she approached Nicolini to see if he could use some extra help. “It was super antiquated. Their record-keeping was all done on paper,” recalled Borden, who helped transition the business into using computers. “I asked him if he had ever heard of Square. We had to train a 60-yearold man to digitize his life.” To Nicolini, 67, whose own five adult children sought careers in different fields, meeting Borden was “a godsend,” he told the B.A.R. in a phone interview. “She has been an unbelievable thing that happened in my life.” Her green thumb translated into a doubling of the business year-toyear, increasing from $580,000 in sales from when she started to $2.85 million in 2021. Delano also went from having three employees to 18 today. “John is slowly retiring, and seeing how much trust he had in me and seeing what this company could

be, inspired me to stay with it,” said Borden. Nicolini is now in the process to turning over majority ownership in the nursery to Borden as he eyes fully retiring in several years. Seeing how “extremely hard working and extremely honest” Borden was, as well as her adeptness at running a nursery, convinced Nicolini she was the right person to continue on his family’s business. “As we grew together in friendship, my trust just got going with her,” he said. “She is like having another daughter.” Were it not for his meeting Borden, the nursery would probably have shuttered for good when his retirement came, said Nicolini. “This keeps our family tradition going on for many more years, otherwise it probably would have ended with me,” he said. “It takes a lot of work and a lot of dedication, and Lauren has that in her naturally. It is a great thing for me to do for her, and a great thing for our family to see the company go into the future.” Borden is part of the steering committee working on the design of the flower mart’s new location it will be moving to in lower Potrero Hill, likely in late 2023 or early 2024. The property is owned by the Kilroy Realty Corporation, which is redeveloping the mart’s longtime home South of Market into a mixed-use development.

Correction The January 6 article “Assemblymember Alex Lee reflects on 1st year” should have reported that Lee will be seeking reelection in the new 24th Assembly District, which continues to include parts of Alameda and Santa Clara

Nicolini had supported the relocation since the current facilities are outdated and the “new facility is going to be beautiful,” he told the B.A.R. Borden added that it “is definitely going to be a San Francisco institution when it gets up and running.” She plans to again sell to the public at the new facility. In November 2019 Delano added a retail component to sell directly to the public from its flower mart location. It was beginning to take off just as the COVID-19 pandemic upended life in March 2020, resulting in the retail shop being allowed to be open only eight hours a week. On Halloween of that year Borden relocated the Delano Shop to 3289 Mission Street at 29th Street. Last September, it closed down and was later relaunched as Bunk Ass Plants. “It just wasn’t going in the direction I wanted it to be,” explained Borden, who is now happier with the new “visually assaulting” design of the store. To learn more about the shop, visit https://bunkass.net/ For more information about the nursery, visit https://www.delanonursery.com/ t Got a tip on LGBTQ business news? Call Matthew S. Bajko at (415) 829-8836 or e-mail m.bajko@ ebar.com.

counties as his current 25th Assembly District seat does. It initially appeared he would be running in the new AD 25 seat, which is fully contained within Santa Clara County, but Assemblymember Ash Kalra (D-San Jose) ended up being drawn into it. The online story has been updated.

Obituaries >>

February 15, 2022

Consolidated Special Municipal Election

by Cast mail or at the poll, your

pla

y s a n important role!

The Department of Elections will automatically mail ballots to all locally registered voters for all upcoming elections. Any voter may still choose to vote in person.

Still need to register to vote? Register to vote online at RegisterToVote.ca.gov or contact the Department of Elections to request a paper registration form. To receive a ballot in the mail, you must register by January 31, 2022. After that date, you will need to register and vote in person at the City Hall Voting Center or a polling place.

New!

The Department of Elections will provide 34 official ballot drop boxes in neighborhoods across the City. Ballot boxes will be open 24 hours . a day between January 18 and the close of polls (8 p.m.) on February 15. For locations, go to sfelections.org/BallotDropOff. (415) 554-4375 SFVote@sfgov.org

City Hall, Room 48 sfelections.org

Peter F. Gettner July 2, 1953 – December 25, 2021

Peter F. Gettner, 68, of San Rafael, California, died peacefully on December 25 after a brief illness at Marin General Hospital with his loving life partner of 30 years, Francisco Molieri, at his side. Described by family and friends as kind, caring, loyal, and generous, Peter will be greatly missed. Born in Germany and raised in Pleasanton, California, Peter, like many gay men, made his way to San Francisco in the 1970s where he found community and worked as a waiter and bartender at the Cafe San Marcos (now The Cafe) on Market Street in the Castro. Peter attended the College of Marin, obtained his real estate license, and began a successful 30-year career in commercial real estate, eventually becoming a partner in H&L Commercial Real Estate in San Rafael. Peter was highly respected in his field and leaves a legacy of excellence in this arena. Peter loved to cook and entertain and took great pleasure in hosting holiday parties and High Teas at his beautiful home. In addition to Francisco, Peter is survived by his mother, Marilyn; sisters, Lisa and Cynthia; brother, Paul; and many nieces, nephews, cousins, and friends. He was predeceased by his father, Carl, in 2019. Peter was a generous donor to many nonprofit organizations. A new fund has been established in his name. Donations may be made to the Peter Gettner Scholarship Fund for LGBTQ+ students at the College of Marin. Checks should be made payable to The College of Marin Foundation with “Peter Gettner’s Scholarship for LGBTQ+ Students” written on the memo line. They should

be mailed to The College of Marin Foundation, 835 College Avenue, Kentfield, CA 94904. Donations can also be made on the College of Marin website with Peter’s scholarship mentioned in the comments section. Plans for a celebration of Peter’s life will be announced in the coming weeks.

Allen Anthony Schuh July 9, 1940 – December 28, 2021

Allen loved Christmas, so as a final gift he got to see his beloved lights and ornaments one last time before passing quietly away on December 28, 2021. Born on July 9, 1940 in Chicago, Allen practiced real estate law and moved to San Francisco in 1988 to care for his (predeceased) partner, Paul A. Anderson. A great chef and a wonderful host, Allen’s house was always open to friends and family and filled with laughter, love, and food. A proud member of AA for over 40 years, sponsor of the Frameline Film Festival, Academy of Friends, and Lambda Legal Defense and Education Fund, Allen moved back to Chicago in 2017 and continued his love for mystery stories, the White Sox, and family. You could always count on Allen’s caring heart, incredible generosity, and compassion for others. Allen will be so very missed by his spouse, Jonathan Swain; brothers Jack and wife Donna (Meilinger), Randy and wife Catherine (Inkel), and David and wife Jan (Flaa). “Uncle A” will always be remembered by nieces, nephews, cousins, and friends from around the country. Be at peace, Allen. A celebration of life will be held at a later date in Chicago.

t <<

From the Cover>>

January 13-19, 2022 • Bay Area Reporter • 7

Street

From page 1

of Bunch last June. As far as Roma and Bunch are aware, no member of the Sisters has a street named after them anywhere on the globe. “That is one of the reasons I really wanted to do this,” Roma, who joined the local order in 1987, told the B.A.R. “I feel the Sisters are really a grassroots volunteer organization of activists and compassionate caregivers who have changed the world. I look around and I see people who are very deserving get their roses, get their accolades like Marsha P. Johnson, José Sarria, and Harvey Milk.” Roma wanted to particularly honor Bunch because of his “relentless” commitment to the Sisters over the last nearly five decades. “Not to diminish the work of the other co-founders, but Sister Vish really is the OG of the Sisters,” said Roma. Bunch joked that he initially told Roma he wanted the street naming to be somewhere in the city’s Tenderloin district “frequented by lots of prostitutes and covered in lots of used condoms. She said, ‘It is already taken.’”

Rick Gerharter

Kenneth Bunch, aka Sister Vish-Knew and Sister Vicious Power Hungry Bitch, stands at the corner of Alert Alley, which Supervisor Rafael Mandelman wants named in his honor.

ing voted on by the supervisors, likely sometime in February. “I can think of few organizations that have got the cultural impact and done more to advance the cause Geographical irony of queer liberation over the last four In a bit of geographical irony Alert decades than the Sisters. They have Alley is a short walk from the Archdibeen at the forefront and at the barocese of San Francisco’s Mission Doricades fighting for us that entire time, lores Basilica and the historic Misión and they have done it with style, grace, San Francisco de Asís. Local Roman and humor,” said Mandelman. “Sister Catholic Church leaders throughout Vish-Knew was there at the start and the decades have clashed with the got this movement going, and has reSisters, calling them heretics and famained with it throughout the entire mously protesting their being given seemed like a terrific person ISO 12647-7 Digital Controltime. StripShe 2009 aA permit down 100 60 to close 100 30 well100 60 100 70 Castro 30 Street 100 60 100 70 to honor70and very deserving.” on Easter Sunday in 1999 to celebrate As for the location of the alley, their 20th anniversary. Mandelman noted it is near where not “Proximity can be both a blessing only Bunch lives but also the Dolores and a curse, depending on how you Street Community Services’ HIV/ 100at 100it,” 60 said 100 100 70 70 30 30 100 100 60 100 100 70 70 30 30 100 100 60 100 100 look Roma. AIDS care hospice that opened in the70 70 Mandelman signed on to the efmid-1980s. fort and introduced a resolution in “We didn’t put it there to poke the support of the commemorative street Catholic Church in the eye,” he said. naming at the Board of Supervisors “It is perhaps an appropriate irony.” January 11 meeting. It will first need In addition to his helping to birth to be heard in committee before bethe Sisters, Bunch has played a promiB

nent role in various chapters of LGBTQ history. He and fellow activist Tracy Bjorgum in 1976 were the first men to apply for a same-sex marriage license in Iowa, generating newspaper headlines across the Hawkeye State. Two years prior Bunch helped publish the first issue of the Radical Faerie magazine RFD from the attic of his Iowa home. In 1974 he also produced the first Midwest Gay Pride Conference at the University of Iowa. He marched alongside Milk, San Francisco’s first gay supervisor, protesting anti-LGBTQ laws in 1977. Two 40 40 100 among 40 100the40dem70 40 30 later100 years Bunch was onstrators outside of City Hall taking part in the White Night riots protest of the lenient verdict handed down to Dan White for assassinating Milk and 30 30 100 40 100 40 40 100 40 40 then-mayor George Moscone in101978. “I won’t say what I did,” said Bunch. “There were a lot of police cars burning that night; I don’t know why.” For five years in the early 1990s T:9.75" the first HalBunch helped produce loween in the Castro event with the 3%

Sisters and raised hundreds of thousands of dollars shared with the event partners Community United Against Violence and the San Francisco Gay Men’s Chorus. He also is credited with being the first person to demand, at the 1993 Creating Change Conference, the inclusion of transgender issues and speakers at the LGBTQ events the March on Washington and the Stonewall 25th anniversary. The street naming for Bunch will purposefully be a ceremonial one, meaning the residents of the alley will not have to officially update their ad70 40 40 40 70 40 40 70 40 70 40 40 3 10 dresses. If approved, the city would erect new street signs on the alley that have both its honorary and existing names for it. Roma told the B.A.R. they support 20 70 70 70 70 40 70 40 40 0000 3.1 2.2 2.2 10.2 7.4 7.4 going the ceremonial route “because it is easier on the community members who live on that street. We don’t want to draw it out and turn it into a huge thing that requires public input. We just want to see Sister Vish gets the recognition she greatly deserves.”

The process is usually less controversial, as the only cost involved is borne by the city for the new street signs. Other honorary street names the city has approved in recognition of the LGBTQ community include Gene Compton’s Cafeteria Way on the 100 block of Taylor Street for the business where a transgender-led uprising against police brutality occurred in 1966 and Vicki Mar Lane along the 100 block of Turk Street for trans performer Vicki Marlane, who died in 2011 at the age of 76 due to AIDS-related complications. Marlane had hosted a popular drag revue show at gay bar Aunt Charlie’s Lounge, which is located at 133 Turk Street. She is the first transgender person to be honored with a street naming in San Francisco. Other street names honoring LGBTQ individuals include José Sarria Court along the block of 16th Street where the Eureka Valley/Harvey Milk Memorial Branch Library is located; Frida Kahlo Way fronting City College of San Francisco; Dr. Tom Waddell Place and Alice B. Toklas Place, both of which are close to City Hall; and Jack Kerouac Alley in North Beach. Mandelman told the B.A.R. going the ceremonial route is not only easier but also quicker, as the intention is to unveil the new street signs Saturday, April 16, the day prior to Easter Sunday this year. He likened it to how the city in 2018 christened the block of Mason Street in front of the Fairmont Hotel as “Tony Bennett Way” in honor of the singer. He expects to have unanimous support from his board90colleagues for 25 50 75 100 “Sister Vish-Knew Way.” “I cannot imagine that any of my colleagues would push back on this. I would be shocked and horrified and any did,” said 25 very 19 19 upset 50 40 40 if 75 66 66of100them 100 100 80 70 70 100 Mandelman. “I don’t think they will; I think it will be non-controversial. That in itself is a statement of the impact the Sisters have had.” t

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<< From the Cover

8 • Bay Area Reporter • January 13-19, 2022

Justice Earl

From page 1

Born in San Jose and raised in Modesto, Earl graduated from UC Berkeley then earned her law degree at Lincoln Law School in Sacramento; she was named the law school’s alumnus of the year in 2005 and 2012. In 1989, she joined the Sacramento County Public Defender’s office as an assistant public defender. Due to her time as a public defender, Earl said as a prosecutor she was able to recognize that it was “a person on the other side” of the courtroom and not “a bad guy.” It also allowed her to understand “the mindset” of the people who appeared before her as a trial court judge. “I learned a great deal as an assistant public defender in just human nature,” said Earl. “I represented people who were, quite frankly, scared.” Sacramento County Superior Court Presiding Judge Michael Bowman said of his colleague, “She is kind, considerate, and helped raise a wonderful family.” He added that Earl “will make an excellent justice; she already is an excellent judge. More importantly, she is an excellent person.” The two were often opposing counsel prior to their becoming

Castro zoning

From page 1

The 493 Sanchez Street location is currently being renovated for use as a Pilates studio by Bright Star Pilates and Gyrotonic Studio, according to workers who said December 21 that they are renovating the floor for that purpose. The studio told the B.A.R. it hopes to be permanently housed in the space. Jennings has not returned messages seeking comment on what her future plans may be. Before the legislation was voted on by the whole board, it was heard

Screengrab

Justice Laurie Earl, top left, is sworn in following her confirmation hearing in front of the 3rd District appellate court’s Senior Presiding Justice Vance W. Raye, California Supreme Court Chief Justice Tani Cantil-Sakauye, and Attorney General Rob Bonta.

judges, as Bowman was a criminal defense attorney. He recounted how Earl was “always prepared” and “always staunchly ethical.” He joked that his “ego won’t allow me to say she was a better trial lawyer than me, but I can say it was close.”

Other out justices

Earl brings the number of out women on the state appellate court bench to three, as already serving are lesbians Therese M. Stewart in the 1st District and Marsha G. Slough in

the 4th District. Two gay men serve as state appellate justices: James M. Humes in the 1st District and Luis A. Lavin in the 2nd District. Having worked with Earl over the years, particularly on a contentious funding reform for the state’s trial courts a decade ago, Slough noted that Earl approaches leadership positions with an “iron fist covered with a silk glove.” “She knew when and how to use each. Rarely did we see her take that silk glove off,” said Slough, who for-

by the Small Business Commission, the Planning Commission, and the supervisors’ own Land Use and Transportation Committee. It was approved unanimously by all three bodies. Bintliff told the latter committee January 10 that Jennings’ experience was the genesis of Mandelman’s proposed legislation. Bintliff pointed out to the planning commission last month that “queer folks, trans people, and people of color” are effectively sidelined from opening new establishments under the existing rules.

“The prevailing sentiment, supervisors, is it doesn’t seem fair to preclude new folks … from opening new bars,” Bintliff said. “This is especially true in a neighborhood with a high level of retail vacancy.” Bintliff told the Land Use and Transportation Committee that if adopted, the legislation would make the Castro’s rules “consistent with how bars are zoned in other neighborhoods of the city.”

WARNING: California law provides that, for the purposes of division of property upon dissolution of a marriage or domestic partnership or upon legal separation, property acquired by the parties during marriage or domestic partnership in joint form is presumed to be community property. If either party to this action should die before the jointly held community property is divided, the language in the deed that characterizes how title is held (i.e., joint tenancy, tenants in common, or community property) will be controlling, and not the community property presumption. You should consult your attorney if you want the community property presumption to be written into the recorded title to the property.

an individual, and is signed SOLOMON ETANA. The registrant(s) commenced to transact business under the above listed fictitious business name or names on 12/17/21. The statement was filed with the City and County of San Francisco, CA on 12/17/21.

Bathhouse zoning changes

Bintliff told the B.A.R. that Mandelman plans to soon introduce zon-

merly served on the San Bernardino County Superior Court. “Her willingness to be collaborative ... resulted in others acting in kind.” Slough added that Earl “has a strong work ethic and is committed to justice. She is a wonderful wife to her wife, Jody Cooperman, and a wonderful mother to her boys. I am sure they are the reason why she forged that iron fist under the silk glove.” Earl lives in Sacramento with Cooperman, her partner of nearly three decades. The couple married in 2008 and have two adult sons: Josh, 25, is in law school in Portland and Sam, 22, is in college in San Francisco and works at a vintage clothing store in the Haight. She thanked her family for their support, as well as Newsom for having confidence in her becoming an appellate justice and the various legal groups that spoke up in favor of her confirmation. “I am incredibly proud of them and my family,” said Earl of her sons and wife as she choked up. “I wouldn’t be here without my family’s love and support.” She also took note of the “historic nature” of her confirmation while also saying she looked forward to the day where someone’s “being the

first,” whether due to their ethnicity or sexual orientation, no longer was a main focus but a secondary mention because such firsts “had been exhausted.” “But today I will live in the glow of being the first and wear it like a badge of honor,” said Earl. “Today, of all days, January 6 is now a date that needs to make room for the pride and honor I feel of being here today.” Earl said she shares Newsom’s values of wanting to see a state judiciary reflective of California’s residents in all of their unique characteristics and that a diverse court bench matters. “I am proud of who I am and all of who I am has informed and guided me as a jurist. I am a woman, I am a wife, I am a mother, I am a daughter, a sister, a friend,” said Earl. “I am a lawyer, I am a criminal defense attorney, I am a prosecutor, a teacher, a student and a trial judge. And, yes, I am a lesbian. “Each part of who I am has given me perspective on the bench and, more importantly, has given me what I consider the most important personal attributes a judge should have: humility and the ability to always remember where you came from,” she added. Earl will earn $256,138 as an associate justice on the appellate bench. t

ing changes around adult sex venues, which are in a similar situation as bars. Legislation is currently being reviewed by the city attorney’s office. Currently, gay bathhouses are prohibited in much of the city. While Mandelman spearheaded successful legislation last year to allow them in the city again after they’d been closed in 1984 to prevent the spread of the AIDS epidemic, the planning code – which defines them as “adult businesses” – only allows them to open without conditions in the Civic Center area, the Financial District, along most of the waterfront, and in parts of

the Mission, Dogpatch, and Bayview neighborhoods. They are permitted conditionally in other areas as well, such as on Market Street from Church Street to Van Ness Avenue. According to Bintliff and Daniel A. Sider, chief of staff of the planning department, Mandelman’s new legislation will seek to divorce bathhouses from adult businesses to form a new category. “Our proposal all along has been to create an ‘Adult Sex Venue’ definition in the planning [code] and to allow it in Castro/Upper Market, SOMA, and other areas,” Bintliff stated. t

FICTITIOUS BUSINESS NAME STATEMENT FILE A-039576200

of the California Probate Code, or (2) 60 days from the date of mailing or personal delivery to you of a notice under section 9052 of the California Probate Code. Other California statutes and legal authority may affect your rights as a creditor. You may want to consult with an attorney knowledgeable in California law. You may examine the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk. Attorney for petitioner: PAUL H. MELBOSTAD (SBN#99951), GOLDSTEIN, GELLMAN, MELBOSTAD, HARRIS & MCSPARRAN LLP, 1388 SUTTER ST #1000, SAN FRANCISCO, CA 94109; Ph. (415) 673-5600.

Legals>> SUMMONS (FAMILY LAW) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO NOTICE TO RESPONDENT: RUSLAN MUSLIEV, YOU ARE BEING SUED. PETITIONER’S NAME IS KSENIA JURY CASE NO. FDI-21-795144 You have 30 CALENDAR DAYS after this Summons and Petition are served on you to file a Response (form FL-120 or FL-123) at the court and have a copy served on the petitioner. A letter, phone call, or court appearance will not protect you. If you do not file your Response on time, the court may make orders affecting your marriage or domestic partnerships, your property, and custody of your children. You may be ordered to pay support and attorney fees and costs. For legal advice, contact a lawyer immediately. Get help finding a lawyer at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/ selfhelp), at the California Legal Services website (www.lawhelpcalifornia.org), or by contacting your local county bar association. NOTICE RESTRAINING ORDERS: The restraining orders following are effective against both spouses or domestic partners until the petition is dismissed, a judgment entered, or the court makes further orders. They are enforceable anywhere in California by any law enforcement officer who has received or seen a copy of them.

FEE WAIVER: If you cannot pay the filing fee, ask the clerk for a fee waiver form. The court may order you to pay back all or part of the fees and costs that the court waived for you or the other party. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO, 400 MCALLISTER ST, SAN FRANCISCO, CA 94102. The name, address, and telephone number of petitioner’s attorney, or the petitioner without an attorney, is: KSENIA JURY, 3010 CLAY ST #3, SAN FRANCISCO, CA 94115, JULY 01, 2021 Clerk of the Superior Court by JOSHUA MANDAPAT, Deputy. NOTICE TO THE PERSON SERVED: You are served as an individual. STANDARD FAMILY LAW RESTRAINING ORDERS: Starting immediately, you and your spouse or domestic partner are restrained from: 1. Removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court; 2. Cashing borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor child or children; 3. Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and 4. Creating a nonprobate transfer or modifying a nonprobate transfer in the manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party. You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay court costs.